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Department of Public Health and Human Services
Administrative Rules

Proposal Notices

Early Elective Delivery and Ancillary Services Clarification – MAR 37-684
Public Hearing – August 13, 2014;  End of Comments – August 21, 201
Effective Date – October 1, 2014  (posted 7/22/14)

Fee Schedule Revisions for the Durable Medical Equipment Program, Home and Community Based Services, and Personal Assistance and Self-Directed Personal Assistance Services – MAR 37-683
Public Hearing – August 13, 2014; End of Comments – August 21, 2014
Effective Date – Durable Medical Equipment (DME) – effective October 1, 2014; Senior & Long Term Care (SLTC) - Retroactive to July 1, 2014  (posted 7/22/14)

Update of Federal Poverty Level and Health Coverage Status When Determining Plan First Eligibility – MAR 37-682
No Public Hearing Contemplated; End of Comments – August 21, 2014
Effective Date – Retroactive to July 1, 2014  (posted 7/22/14)

Removal of References to Anesthesiologist Assistants in Outpatient Centers for Surgical Services – MAR 37-681
No Public Hearing Contemplated; End of Comments – August 21, 2014
Effective Date –  Day after publication of final notice (posted 7/22/14)

Serious Emotional Disturbance for Youth, Mental Health Outpatient Partial Hospital Services, and Medicaid Mental Health Authorization Requirements– MAR 37-679
Public Hearing – July 30, 2014; End of Comments – August 7, 2014
Effective Date –  September 5, 2014 (posted 7/09/14)

Updating the Montana Retail Food Establishment Rules – MAR 37-680
Public Hearing – July 21, 2014; End of Comments – July 24, 2014
Effective Date –  Day after publication of final notice (posted 6/19/14)

Medicaid Outpatient and Inpatient Hospital Services – MAR 37-678
Public Hearing – May 28, 2014; End of Comments – June 5, 2014
Effective Date –  July 1, 2014 (posted 5/07/14)

Newborn Screening and Follow-up of Failed Screenings – MAR 37-677
Public Hearing – May 28, 2014; End of Comments – June 5, 2014
Effective Date –  July 1, 2014 (posted 5/07/14)

Update of Developmental Disabilities Program Home and Community-Based Waiver and Case Management Reimbursement – MAR 37-674
Public Hearing – May 28, 2014; End of Comments – June 5, 2014
Effective Date –  July 1, 2014 (posted 5/07/14)

Dialysis Clinic Method of Reimbursement – MAR 37-676
Public Hearing – May 16, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

Medicaid Reimbursement for Ambulatory Surgery Centers (ASC) – MAR 37-675
Public Hearing – May 16, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

Revision of By Report Reimbursement – MAR 37-673
Public Hearing – May 15, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

Medicaid Allied Health Services Program Reimbursement and Rates – MAR 37-672
Public Hearing – May 15, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

Nursing Facility Reimbursement – MAR 37-671
Public Hearing – May 16, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

The Revision of Fee Schedules for Medicaid Provider Rates – MAR 37-670
Public Hearing – May 15, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

The Mental Health Center:  Comprehensive School and Community Treatment Program (CSCT) Endorsement Requirements – MAR 37-669
Public Hearing – May 15, 2014; End of Comments – May 22, 2014
Effective Date –  Day after publication of final notice (posted 4/23/14)

Updating to 2014 Levels the Federal Poverty Index for the Montana Telecommunications Access Program – MAR 37-668
Public Hearing – May 15, 2014; End of Comments – May 22, 2014
Effective Date –  July 1, 2014 (posted 4/23/14)

Vocational Rehabilitation Program Payment for Services – MAR 37-667
No Public Hearing Contemplated; End of Comments – April 24, 2014
Effective Date –  Retroactive to January 30, 2014 (posted 3/24/14)

Update of Current Federal Poverty Guidelines for the Children's Special Health Services Program – MAR 37-666
No Public Hearing Contemplated; End of Comments – April 10, 2014
Effective Date –  Retroactive to April 1, 2014 (posted 3/10/14)

ICD CM and PCS Services:  Adoption of  ICD-10 – MAR 37-665
Public Hearing – February 5, 2014; End of Comments – February 13, 2014
Effective Date –  Day after publication of final notice (posted 1/16/14)

Revision of Fee Schedules for Medicaid Provider Rates in January 2014 – MAR 37-664
Public Hearing – February 5, 2014; End of Comments – February 13, 2014
Effective Date –  Retroactive to January 1, 2014 (posted 1/16/14)

Child Care Assistance – MAR 37-663
Public Hearing – February 6, 2014; End of Comments – February 13, 2014
Effective Date –  March 1, 2014 (posted 1/16/14)

Adult Foster Care Homes (AFCH) – MAR 37-643
Public Hearing – February 5, 2014; End of Comments – February 13, 2014
Effective Date –  Day after publication of final notice (posted 1/16/14)

Hospice Reimbursement – MAR 37-661
Public Hearing – January 15, 2014; End of Comments – January 23, 2014
Effective Date –  Retroactive to October 1, 2013 (posted 12/26/13)

Certification of Mental Health Professional Person – MAR 37-662
Public Hearing – January 16, 2014; End of Comments – January 23, 2014
Effective Date –  day after publication of final notice (posted 12/26/13)

HEDIS Components of Quality Assessment Activities – MAR 37-660
No Public Hearing Contemplated; End of Comments – January 9, 2014
Effective Date –  January 1, 2014 (posted 12/10/13)

Adoption of Federal Statutes for Guardianship – MAR 37-659
Public Hearing – January 2, 2014; End of Comments – January 9, 2014
Effective Date –  day after publication of final adoption notice (posted 12/10/13)

Laboratory Testing Fees – MAR 37-658
No Public Hearing Contemplated; End of Comments – December 26, 2013
Effective Date – January 1, 2014 (posted 11/22/13)

Low Income Energy Assistance Program (LIEAP) for the 2013-2014 Heating Season – MAR 37-657
Public Hearing – December 4, 2013; End of Comments – December 12, 2013
Effective Date – Retroactive to October 1, 2013 (posted 11/12/13)

Passport to Health Program – MAR 37-656
Public Hearing – December 4, 2013; End of Comments – December 12, 2013
Effective Date – December 31, 2014 (posted 11/12/13)

Emergency Medical Services (EMS) – MAR 37-655
Public Hearing – December 4, 2013; End of Comments – December 12, 2013
Effective Date – Retroactive to January 1, 2014 (posted 11/12/13)

Maximum Big Sky Rx Premium Change – MAR 37-654
Public Hearing – December 4, 2013; End of Comments – December 12, 2013
Effective Date – January 1, 2014 (posted 11/12/13)

Psychiatric Residential Treatment Facility (PRTF) Services – MAR 37-653
Public Hearing – November 20, 2013; End of Comments – November 29, 2013
Effective Date – December 31, 2013 except for ARM 37.87.1223(5)(a) which is retroactively effective to July 1, 2013. (posted 10/29/13)

Medicaid Home and Community-Based Services Program – MAR 37-652
Public Hearing – November 20, 2013; End of Comments – November 29, 2013
Effective Date – day after publication of final adoption notice (posted 10/29/13)

1915(i) Home and Community-Based Services (HCBS) State Plan Program – MAR 37-651
Public Hearing – November 6, 2013; End of Comments – November 14, 2013
Effective Date – October 1, 2013 (posted 10/17/13)

Medicaid Inpatient Hospital Services – MAR 37-650
Public Hearing – November 6, 2013; End of Comments – November 14, 2013
Effective Date – January 1, 2014 (posted 10/17/13)

Non-Medicaid Services Program – MAR 37-649
Public Hearing – October 10, 2013; End of Comments – October 17, 2013
Effective Date – day after publication of final adoption notice (posted 9/18/13)

Home Support Services and Medicaid Mental Health Services for Youth Authorization Requirements – MAR 37-648
Public Hearing – October 10, 2013; End of Comments – October 17, 2013
Effective Date – November 15, 2013 (posted 9/18/13)

Order of Selection Revision and Catchphrase Change in the Vocational Rehabilitation Program – MAR 37-647
Public Hearing – October 9, 2013; End of Comments – October 17, 2013
Effective Date – day after publication of final adoption notice (posted 9/18/13)

Medicaid Pharmacy Unit Dose Prescription Fee – MAR 37-646
Public Hearing – September 25, 2013; End of Comments – October 3, 2013
Effective Date – November 1, 2013 (posted 9/04/13)

Eligibility for the Developmental Disabilities Program – MAR 37-645
Public Hearing – September 25, 2013; End of Comments – October 3, 2013
Effective Date – day after publication of final adoption notice (posted 9/04/13)

Placement Determinations – MAR 37-644
Public Hearing – September 25, 2013; End of Comments – October 3, 2013
Effective Date – July 1, 2013 (posted 9/04/13)

Update of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) – MAR 37-642
Public Hearing – September 17, 2013; End of Comments – September 19, 2013
Effective Date – day after publication of final notice (posted 8/20/13)

Developmental Disabilities Program Staffing – MAR 37-625
In response to comments this notice has been amended. Comment period has been extended until July 25, 2013
Effective Date – Day after publication of 2nd notice.(posted 07/10/2013)

Minimum Standards for All Health Care Facilities – MAR 37-640
Public Hearing – July 10, 2013; End of Comments – July 18, 2013
Effective Date – day after publication of final notice (posted 6/19/13)

Psychiatric Residential Treatment Facility (PRTF) Services – MAR 37-630
Public Hearing – May 16, 2013; End of Comments – May 23, 2013
Effective Date – July 1, 2013 (posted 4/22/13)

Developmental Disabilities Program Staffing – MAR 37-625
Public Hearing – March 20, 2013; End of Comments – March 28, 2013
Effective Date – Day after publication of 2nd notice. (posted 02/26/2013)

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Notice of Extension of Comment Period

Extension of Comment Period - Developmental Disabilities Program Staffing – MAR 37-625 Comment period has been extended until – September 5, 2013 See amended notice under proposed notices above. Effective Date – Day after publication of 2nd notice. (posted 08/20/2013)

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Notice of Decision

Psychiatric Residential Treatment Facility (PRTF) Services – MAR 37-630
This proposed notice is being withdrawn. (posted 10/29/13)

Supports for Community Working and Living Waiver Program – MAR 37-632
This proposed notice is being withdrawn. (posted 9/18/13)

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Adoption Notices

Nursing Facility Reimbursement– MAR 37-671
Comments were received, no changes were made.
Effective Date – Retroactive to July 1, 2014 (posted 7/09/14)

Medicaid Outpatient and Inpatient Hospital Services – MAR 37-678
Comments were received, Changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Newborn Screening and Follow-up of Failed Screenings – MAR 37-677
Comments were received, Changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Dialysis Clinic Method of Reimbursement – MAR 37-676
No comments were received, No changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Medicaid reimbursement for ambulatory surgery centers (ASC) – MAR 37-675
No comments were received, No changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

The Update of Developmental Disabilities Program Home and Community-Based Waiver and Case Management Reimbursement – MAR 37-674
Comments were received, No changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Revision of By Report Reimbursement– MAR 37-673
No comments were received, No changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Medicaid Allied Health Services Program Reimbursement and Rates – MAR 37-672
Comments were received, Changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

The Revision of Fee Schedules for Medicaid Provider Rates – MAR 37-670
Comments were received, Changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

The Mental Health Center:  Comprehensive School and Community Treatment Program (CSCT) Endorsement Requirements – MAR 37-669
Comment was received, No changes were made.
Effective Date – June 27, 2014 (posted 6/19/14)

Updating to 2014 Levels the Federal Poverty Index for the Montana Telecommunications Access Program – MAR 37-668
No comments were received, No changes were made.
Effective Date – July 1, 2014 (posted 6/19/14)

Adult Foster Care Homes (AFCH) – MAR 37-643
Comments were received, Changes were made.
Effective Date – May 23, 2014 (posted 5/23/14)

Vocational Rehabilitation Program Payment for Services – MAR 37-667
No comments were received, No changes were made.
Effective Date – Retroactive to January 30, 2014 (posted 5/07/14)

Update of Current Federal Poverty Guidelines for the Children's Special Health Services Program – MAR 37-666
No comments were received, No changes were made.
Effective Date – Retroactive to April 1, 2014 (posted 5/07/14)

Adoption of Federal Statutes for Guardianship – MAR 37-659
No comments were received, No changes were made.
Effective Date – May 9, 2014 (posted 5/07/14)

Child Care Assistance – MAR 37-663
Comments were received, Changes were made.
Effective Date – Retroactive to March 1, 2014 (posted 3/24/14)

ICD CM and PCS Services:  Adoption of ICD-10  – MAR 37-665
No comments were received, no changes were made.
Effective Date – March 14, 2014 (posted 3/10/14)

Revision of Fee Schedules for Medicaid Provider Rates in January 2014 – MAR 37-664
No comments were received, no changes were made.
Effective Date – Retroactive to January 1, 2014 (posted 3/10/14)

Certification of Mental Health Professional Person – MAR 37-662
Comments were received, Changes were made.
Effective Date –  March 14, 2014 (posted 3/10/14)

Hospice Reimbursement – MAR 37-661
No comments were received, no changes were made.
Effective Date –  The increase in hospice rates will be retroactive to October 1, 2013.  The decrease in hospice rates will be effective upon adoption of the rule (February 13, 2014).  If any provider would experience a decrease in hospice rates, the decrease will not be applied retroactively.  It will begin on the final adoption of this proposed rule.  Therefore, there will be no retroactive negative impact to any hospice program. (posted 2/12/14)

HEDIS Components of Quality Assessment Activities – MAR 37-660
No comments were received, no changes were made.
Effective Date – Retroactive to January 31, 2014 (posted 2/12/14)

Laboratory Testing Fees – MAR 37-658
No comments were received, no changes were made.
Effective Date – January 31, 2014 (posted 1/24/14)

Medicaid Home and Community-based Services Program – MAR 37-652
Comments were received, changes were made.
Effective Date – January 31, 2014 (posted 1/24/14)

Eligibility – MAR 37-645
No comments were received, no changes were made.
Effective Date – January 31, 2014 (posted 1/24/14)

Placement Determinations – MAR 37-644
Comments were received, no changes were made.
Effective Date – January 31, 2014 (posted 1/24/14)

Low Income Energy Assistance Program (LIEAP) – MAR 37-657
Comments were received, changes were made.
Effective Date – Retroactive to October 1, 2013 (posted 1/16/14)

Passport to Health Program – MAR 37-656
No comments were received, no changes were made.
Effective Date – Retroactive to December 31, 2013 (posted 1/16/14)

Emergency Medical Services (EMS) – MAR 37-655
Comments were received, changes were made.
Effective Date – Retroactive to January 1, 2014 (posted 1/16/14)

Psychiatric Residential Treatment Facility (PRTF) Services – MAR 37-653
Comments were received, changes were made.
Effective Date – The department intends to adopt these rule amendments and repeal effective December 31, 2013, except for ARM 37.87.1223(5)(a) which is retroactively effective to July 1, 2013.  (posted 12/26/13)

Maximum Big Sky Rx Premium Change – MAR 37-654
One comment was received, changes were made.
Effective Date – January 1, 2014 (posted 12/26/13)

1915(i) Home and Community-based Services (HCBS) State Plan Program for Youth with SED – MAR 37-651
No comments were received, no changes were made.
Effective Date – retroactive to October 1, 2013 (posted 12/10/13)

Medicaid Inpatient Hospital Services – MAR 37-650
One comment was received, no changes were made.
Effective Date – January 1, 2014 (posted 12/10/13)

Order of Selection Revision and Catchphrase Change in the Vocational Rehabilitation Program – MAR 37-647
No comments were received, no changes were made.
Effective Date – December 13, 2013 (posted 12/10/13)

Non-Medicaid Services Program – MAR 37-649
Comment was received, no changes were made.
Effective Date – November 15, 2013 (posted 11/12/13)

Home Support Services and Medicaid Mental Health Services for Youth Authorization Requirements – MAR 37-648
Comments were received, changes were made.
Effective Date – November 15, 2013 (posted 11/12/13)

Medicaid Pharmacy Unit Dose Prescription Fee and Mental Health Youth Services Fee – MAR 37-646
Comment was received, changes were made.
Effective Date – November 1, 2013 (posted 11/12/13)

Minimum Standards for All Health Care Facilities – MAR 37-640
Comments were received, changes were made.
Effective Date – November 15, 2013 (posted 11/12/13)

Update of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) – MAR 37-642
No comments were received, no changes were made.
Effective Date – November 18, 2013 (posted 10/17/13)

Developmental Disabilities Program – MAR 37-625
Comments were received, changes were made.
Effective Date – November 18, 2013 (posted 10/17/13)

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Amended Notices

Adoption of Federal Statutes for Guardianship – MAR 37-659
This notice is amended to address comments from Legislative Services on the Department's statement of reasonable necessity. All rules remain as proposed.
The comment period has been extended until 5:00 p.m. on February 27, 2014. (posted 2/12/14)

Eligibility – Persons with Developmental Disabilities in Montana – MAR 37-645
This notice amends the effective date of the "Determining Eligibility for Services to Persons with Developmental Disabilities in Montana: A Staff Reference Manual." Amendments were proposed to the manual.
Comments period extended to – November 25, 2013 (posted 11/12/13)

Medicaid Pharmacy Unit Dose Prescription Fee and Mental Health Youth Services Fee – MAR 37-646
This notice amends the Children’s Mental Health Bureau’s youth services fee schedule.
Additional Public Hearing – October 9, 2013; End of Comments – October 17, 2013
Effective Date – November 1, 2013 (posted 9/18/13)

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Corrected Notice

Medicaid Home and Community-Based Services Program – MAR 37-652
A citation to Montana Code Annotated in ARM 37.34.963(1) was incorrect.
The correct citation is 37-8-102, MCA. (posted 7/22/14)

 

ADA Accommodation Notice for Legal Section

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Page last updated: 07/22/2014